“Code Is Speech” is a legal and philosophical assertion contending that computer code constitutes a form of expression protected by free speech principles. This argument posits that writing and distributing code is comparable to writing and publishing text, deserving of similar constitutional safeguards. It carries significant implications for software developers, especially those creating cryptographic tools or decentralized applications. This perspective challenges attempts to regulate code solely as a product or tool.
Context
This concept stands as a central point of contention in legal and regulatory debates surrounding cryptocurrency and blockchain technology. Lawmakers and regulators frequently consider whether to treat smart contracts and decentralized protocols as pure technology or as regulated financial instruments. The “Code Is Speech” argument seeks to shield developers from liability for the actions of users interacting with their open-source code. This discussion influences policy decisions globally regarding digital asset innovation and developer freedoms.
The proposed regulatory framework fundamentally redefines permissionless finance, forcing protocols to choose between US market access and core decentralization principles.
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